This is an extremely controversial topic; especially for those looking for work or contemplating a job change.

A short time ago, I shared what I thought would be a helpful article with my Facebook friends and family, alerting them to the fact that more employers are using social media sources such as Facebook as part of their decision making process when hiring.  The article highlighted the importance of not putting anything on a social media site that you would not want your current or potential employer to see.

Here’s what I wrote:

“Be careful how you use Facebook and Twitter. Hiring managers are checking social networking sites more often as part of their reference checking process. Any inappropriate or questionable content can rule you out as a candidate if you are looking for a job”.

Some of the comments that I received were fascinating:

…”you just can’t get a break, can you?”

…”isn’t there some sort of privacy infringement here?”

“Facebook and Twitter are social outlets and employers shouldn’t be trespassing on one’s personal life”

“…where do we draw the line?”

“If a company cannot solely use my cover letter, resume and how I respond during an interview as an apparatus to make a decision, than I really should think twice about wanting to working for that company.”

As you can see, some potential candidates view the use of Twitter and Facebook as “infringement” and “trespassing” on what is seen as a personal and private resource where they should be free to be who they are with friends and family.  There is the strong belief that what is discussed on Facebook is no measure of the person that they are on the job, and therefore it should not be used to measure behavior when working.

Do we not take on a different persona depending on the audience or environment?  Is the professional and focused person that we are when we are at work the same person that we are when we are interacting with our family and friends in an informal environment?

Some argue that is natural to have different personas depending on our environment and whom we are engaged with.  Some may also argue that we should not be judged because we are letting our hair down through a medium that was set up for us to do just that.  Essentially, a medium that in a very public way, allows us to share our everyday pleasures and disappointments with those we chose to share these feelings with.

Yet isn’t the information on the Internet public domain? If a person chooses to post on a public domain site, do employers not have the right to access the site in order to “see another side” of a potential employee?

I don’t profess to have the right answers on this subject but I do have some very specific advice. Employers should not use social media as the only source of reference information on potential employees.  It’s important to get a rounded view of potential candidate’s by checking both current employer references and past references.

It’s also important for employers to weigh the content that they are seeing on the site and not make rash judgments with the exception of content that is clearly inappropriate.

For those looking for work, the new reality is that employers are using social media as part of their job reference process in order to get a “360” degree view of a potential hire.

The types of posts that can potentially rule you out as a candidate are posts with inappropriate language or pictures. Or posts that are derogatory or demeaning in any way.  Employers are also looking for how you communicate online so be careful of grammar and spelling errors. Never use the Internet to post disparaging remarks about your current or former employers.

Delete anything that may be questionable before looking for a new job.   Don’t lose sight of the fact that you are conversing on the Internet and not at the kitchen table.  Remember that others have access to your information.

Make sure that you utilize all of the privacy options allowed with social media sites if you have concerns about who will be viewing your profile.

Use of social media sites are growing by leaps and bounds daily.  Parts of our lives that were once very private really are available for all to review if you chose to participate in social media sites on the Internet.  Both employers and potential employees need to be mindful of the power of this new medium and not abuse it.  Proceed with caution.

Dianne Shaddock is the Founder of Easy Small Business HR.com, a website which provides “Quick and Simple Human Resources Strategies for Small Businesses, Non Profits, and Entrepreneurs.

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Notice: Arizona businesses who do work for the US Government

A business coalition, including the U.S. Chamber and SHRM, has lost in its effort to have a court overturn the federal regulation requiring federal contractors to start using the E-Verify Program for federal contracts that are entered into or modified after September 8, 2009.  The U.S. District Court for the Southern District of Maryland on August 26, 2009, turned down all arguments raised by the plaintiffs and has opened the door for the rule to be applicable as planned on September 8, 2009. There is no word on whether or not the decision will be appealed.  The USCIS Web site has a federal contractor page as well as a series of Q&As on the rule that explains its provisions and application.

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U.S. Immigration and Customs Enforcement (ICE) is launching a bold, new audit initiative today by issuing Notices of Inspection (NOIs) to 652 businesses nationwide – which exceeds the total number ICE issued throughout all of last fiscal year. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative illustrates ICE’s increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

“ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE’s long-term strategy to address and deter illegal employment,” said Department of Homeland Security Assistant Secretary for ICE John Morton.

Department of Homeland Security

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

In FY 2008, ICE issued 503 similar notices throughout the year. In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The nationwide initiative being launched today is a direct result of this new strategy.

The 652 businesses being presented with NOIs for a Form I-9 audit have been selected for inspection as a result of leads and information obtained through other investigative means. Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.  If you receive a notice, you should consult with your counsel. However, best practices would require that you: a) respond promptly (or obtain an extension of time to do so), b) do not take any action which could be viewed as tampering with the I-9s or underlying documents, c) initiate an internal review of your practices and an audit, and d) maintain copies of all information and documents provided to DHS.

Note that while you can always take action as to deficient I-9s after you respond to Immigration and Customs Enforcement (ICE), you should date such action as of the date taken and not backdate signatures or alter documents.

For guidance or assistance with hiring practices click here to speak to professionals.

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